R v Bell [2017] NZDC 5626 (17 March 2017)

Last Updated: 8 August 2017

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT HAMILTON

CRI-2015-019-004719 [2017] NZDC 5626

THE QUEEN

v

_{TRACEY LEE BELL}

Hearing:	17 March 2017
Appearances:	D J McWilliam for the Crown K Burroughs for the Defendant
Judgment:	17 March 2017

_{NOTES OF JUDGE D M WILSON QC ON SENTENCING}

[1] Tracey Lee Bell, you appear for sentence having been found guilty by a jury on a charge of aggravated robbery. The circumstances of that robbery were that you and the co-accused deliberately planned it. You used a deceit to isolate the complainant and your intention was to rob her.

[2] You went to her motel room which was where she was working, but I agree with the Crown’s submission that this was akin to a private dwelling because her own personal items were there. You, over a series of texts, organised to go there. She thought you were a paying client.

[3] And when you got there, by your conduct, you attempted to check out whether any of your property was at the address and once Howarth arrived in

_{possession of a weapon, you involved yourself by punching her to the head.}

R v TRACEY LEE BELL [2017] NZDC 5626 [17 March 2017]

[4] The effect on her has been significant. Her vehicle was taken and her phone, although the vehicle has been returned. I accept the Crown’s submission that this was a joint enterprise between you and was marked by clear planning and preparation.

[5] In the sentencing of Mr Howarth, Judge Marshall identified an appropriate starting point of four years and nine months. The Crown here submits that you are equally culpable. A distinguishing point really is that you have no relevant previous convictions but that is not a factor which goes to starting point.

[6] The violence that you engaged in is perhaps at a lower level and the degree of your participation can be recognised relative to that of Howarth’s in setting a slightly lower or a lower starting point. I set that as a term of four years.

[7] You have prior good character that you can call on and I give you a credit and there are also the circumstances of a jail term impacting more sternly on you as someone who has never been there before and currently you are being held in segregation for unknown reasons. I give you a credit of six months for those characteristics.

[8] The end sentence therefore, is one of three years and six months.

D M Wilson QC District Court Judge